We, at THE LAW OFFICES OF DAVID WALLIN, understand the hazards of driving while under the influence (DUI) of alcohol or drugs. Under California Vehicle Code 23152, “It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.” Those arrested for driving while intoxicated also face administrative consequences overseen by the California Department of Motor Vehicles (DMV), such as the potential suspension or revocation of your drivers license. Even first-time offenders may face serious penalties, such as probation, jail time, costly fines, and mandatory participation in a DUI education course. However, it’s important to understand how officers make DUI-related arrests in the greater Palmdale and Lancaster area. In order to stop a vehicle and conduct DUI testing, both state and federal laws require the officer to have probable or reasonable cause that a driver is engaging in unlawful activity. For instance, if a driver is committing a moving violation, such as failing to stop at a red light or not using turn signals, the officer can use these infractions to justify the traffic stop.
When a driver is pulled over, it can be confusing to understand your legal rights and options in this scenario. Many people are uncertain whether they are legally allowed to refuse to take a breathalyzer test or cooperate with the officer’s request to conduct a Field Sobriety Test (FST). It’s worth noting that these tools and tests are far from perfect—many factors can affect the accuracy of the results. Learning that you have failed a field sobriety test can be stressful, but there are ways to work with a highly qualified and knowledgeable Palmdale DUI defense lawyer to challenge these results and maximize your chances of obtaining a fair and favorable outcome. As a certified criminal law specialist with 35 years of experience, attorney David M. Wallin and his team of four excellent attorneys (including TWO FORMER DEPUTY DISTRICT ATTORNEYS) is ready to fight aggressively to defend your rights. Call our office today for a FREE CONSULTATION. WE OFFER PAYMENT PLANS, so get started right away.
Common Field Sobriety Tests in California
Before we address how to challenge a field sobriety test in California, it’s important to understand the origin of field sobriety tests and how they are typically used by law enforcement to make DUI arrests. In the late 1970s and early 1980s, the National Highway Traffic and Safety Administration (NHTSA) conducted research into the effectiveness of a wide variety of sobriety tests used by officers across the country to assess a driver’s intoxication. A few tests were recognized as more reliable than others, such as the walk-and-turn, one-leg stand, and Horizontal Gaze Nystagmus tests. These tests are designed to measure a specific reflex or response in a driver that may indicate that they have been consuming alcohol. However, these tests can only be used to give a law enforcement officer probable cause to make a DUI arrest. The results of an FST are not always accurate, with a general consensus that the results range from 65 to 80 percent reliable in establishing that the driver is impaired. To learn more about what to do if you failed a field sobriety test but were not drunk, schedule a FREE CONSULTATION with the Law Offices of David M. Wallin right away—PAYMENT PLANS OFFERED!
Factors That Can Affect FST Result Accuracy
Field sobriety tests do not generate perfectly accurate results. In fact, there are several factors that can skew the results, which can then lead to serious consequences for the accused. For instance, a person with a medical condition that affects their motor functions or eye movement may fail the FST for these other reasons. A person’s age can also affect their gait, eye movement, and balance. In other situations, factors like weather conditions, uneven pavement, or poor lighting can cause the driver to lose their footing or stumble—mistakenly prompting the officer to view these mishaps as signs of intoxication. It’s also important to understand that officer bias and improper training can lead to invalid testing conditions, calling the accuracy and reliability of the results into question. Call a dedicated and highly experienced California DUI Defense lawyer right away for a FREE CONSULTATION.
How to Fight DUI Charges in California
As soon as you have been arrested for a DUI-related offense, you need exceptional and reliable Lancaster criminal defense services right away. You and your attorney can get to work discussing your options for putting together the best unreliable field sobriety test defense strategy that protects your future and freedom. For instance, you can begin to compile evidence to challenge the FST results, such as indications of unreliable test administration, lack of standardized testing procedures, body camera discrepancies, or lack of probable cause to pull the driver over in the first place. You may also rely on expert witnesses to explain the imperfect nature of sobriety testing or cross-examine the arresting officer to show that they violated your constitutional rights in some way. No matter what course your DUI case may take, you can rely on Palmdale’s go-to criminal defense law firm, the Law Offices of David M. Wallin, to support you at every opportunity and fight aggressively to protect your legal rights. We proudly offer FLEXIBLE PAYMENT PLANS, so schedule your FREE CONSULTATION with us today!
California takes DUI offenses very seriously. If you have been arrested for a DUI in the Palmdale, Lancaster, or greater Los Angeles area, it’s essential to contact a highly qualified and skilled criminal defense attorney to ensure your legal rights remain protected at every opportunity. As a certified criminal law specialist with 35 years of experience, attorney David M. Wallin and his team of four excellent attorneys (including TWO FORMER DEPUTY DISTRICT ATTORNEYS) is ready to fight aggressively to defend your rights. Call the Law Offices of David M. Wallin right away at (661) 267-1313 for a FREE CONSULTATION. PAYMENT PLANS OFFERED, to call today!
